City Solicitor Andre M. Davis said the city has for decades been able to decide on a case-by-case basis whether they will handle lawsuit payouts, in line with state law. However, after a number of officers were left to pay up after juries found they acted with "actual malice," the police union emailed its members, believing that the longstanding practice of the city law department has changed.

"This came out of left field," Lt. Kenneth Butler told C4 on Thursday. "When you talk about a case-by-case basis...we're not talking about a rogue cop. We're not talking about someone who's stealing. We're not talking about someone who arrests someone, the person has handcuffs on them and you just come up and arbitrarily kick him in the head. That officer should be held accountable and should have to pay pun damages. Now, what we're talking about is an officer who makes an arrest, a legal arrest, and for whatever reason, it may get thrown out, the person may get found guilty."

He said that if there are no criminal or administrative charges against an officer, there is no reason the city shouldn't cover lawsuit payouts.

"I received an email...where there was someone saying 'Lieutenant, honestly, do you really think these officers are going to be productive now that this is hanging over their heads?'" Butler said. "If I lock someone up and they get found not guilty or the case is thrown out, then I could be found liable."

In a statement, Davis said that his office would appeal payouts if an officer's counsel believes damages were inappropriately awarded, but reserved the right to have officers pay the bill in cases where there is proven malice. Debt from such lawsuits cannot be discharged in bankruptcy.

Butler said union president Gene Ryan has talked to Commissioner Designate Darryl De Sousa, and said leadership will meet with top police officials in the coming weeks.

"This is not something that we can just sit back and say OK, when this happens, I'll look at it on a case by case basis," he said. "Right now, with the things that are going on in this city, we do not need our officers to take a knee."

However, Butler pointed to the officers who have pleaded guilty in the gun squad scandal as the kind of bad eggs who should be on the hook. Marcus Taylor, who is awaiting a verdict in his own trial, was once on Butler's shift.

"These seven, eight guys, they don't represent the hardworking officers in the police department that go out every day and my thing is these guys tarnish the badge so now they need to be held accountable," Butler said. So whatever their sentences are, they need to be held accountable because, C4, they make all of us look bad."